Crime Report for February 5

February 5, 2013

MARTINSBURG - A 24-year-old Bunker Hill man who admitted to having to sex with a 15-year-old girl last year pleaded guilty Monday to one count of third-degree assault as part of a plea agreement.

Theodore A.W. Cox, of Revolution Drive, was originally indicted by a Berkeley County grand jury in February 2012 on three counts of third-degree sexual assault. The remaining counts of his indictment were dismissed as part of the accepted plea agreement.

Article Photos

Cox

Gibbs

White

West Virginia 23rd Judicial Circuit Judge Christopher Wilkes postponed Cox's sentencing Monday until a 60-day evaluation can be conducted by the West Virginia Division of Corrections. As of Monday, Cox remained in custody at Eastern Regional Jail while awaiting sentencing.

Fugitive apprehended during drug arrest

MARTINSBURG - A fugitive wanted by federal authorities for a probation violation was taken into custody Monday during the arrest of another man on drug charges.

Gerald Gibbs, 25, of Martinsburg, was wanted by the U.S. Marshals Service for a probation violation related to charges of distribution of cocaine. As of Monday, he was being held at the Eastern Regional Jail.

A second man, Michael Shavar Payton, 27, of North Queen Street, Martinsburg, was also arrested on one count of felony possession with intent to distribute marijuana after he was found to have 9.6 grams of marijuana and $595 in cash on his person. Payton was arraigned Monday and later released on $10,000 bail.

According to court records, at about 2:50 a.m. Monday, police began following a suspicious vehicle. They later caught up with Payton's car at the intersection of Cold Spring Road and Mt. Olive Road and saw a man, later identified as Gibbs, standing outside the car talking to the driver.

Police stopped the car and detained Gibbs. Payton was subsequently searched and the drugs and cash were seized.

Felon charged with possessing of firearm

MARTINSBURG - A Berkeley County man was arraigned Sunday on warrants charging him with being a felon in possession of a firearm, misdemeanor possession of marijuana, misdemeanor possession of a controlled substance without a prescription and domestic battery.

James Wallace White Jr., 50, of Poor House Road, was later released on $8,000 bail.

According to court records, on Jan. 5, deputies responded to a report of a domestic in progress at White's home. The alleged victim told police that she had gotten into an argument with White. She said during the argument she attempted to call 911, but White grabbed her and pushed her in an attempt to prevent her from calling police.

White admitted to making physical contact with the woman. Police found prescription pills, a digital scale, a marijuana smoking device and 4.5 grams of marijuana while speaking with White. Police also found several long rifles, a shotgun and a hunting rifle at White's residence. White told police he was a convicted felon. A check of his criminal history revealed he was convicted of felony grand larceny in 1995, records show.